India’s story as a nation of migrations is older than its borders. For centuries, people have crossed mountains, seas and plains to make India their home—traders, travellers, scholars, conquerors and refugees alike. Yet, modern India’s immigration system is built not on this legacy of openness but on a patchwork of laws, policies and administrative layers that have grown more complex over the decades. At a time when global mobility is at once easier and more scrutinized, understanding India’s immigration regime becomes crucial—not just for those hoping to come here, but for citizens trying to make sense of who stays, who goes, and who decides.
A Constitutional Backdrop
Unlike countries like the United States, India does not have a single codified immigration act. Instead, immigration control rests on a cluster of colonial-era laws, post-independence amendments and executive orders. The Constitution itself says little about immigration directly; its provisions touch migration obliquely through citizenship, fundamental rights and border security.
The Citizenship Act, 1955 lays down who is Indian by birth, descent, registration or naturalisation. But immigration—the permission to enter, reside or work—is governed by acts like the Foreigners Act, 1946, the Passport (Entry into India) Act, 1920 and the Registration of Foreigners Act, 1939. All were crafted in a time when mobility was rare, borders were porous, and the State’s reach was limited.
Visas: The Gatekeepers
For the average traveller, the visa is where the bureaucracy begins. India offers a wide spectrum of visas: tourist, business, student, employment, research, conference, missionary, journalist—the list grows longer every decade. Each comes with its own set of conditions and renewals, monitored by the Bureau of Immigration (BoI) under the Ministry of Home Affairs (MHA).
The visa regime has seen a push for liberalisation in recent years. The introduction of e-visas for short-term tourists and business visitors, the expansion of visa-on-arrival facilities for certain countries, and streamlined processes for Persons of Indian Origin (PIOs) and Overseas Citizens of India (OCIs) have made travel easier. Yet, for longer stays, work permits or residency, the road remains winding.
The Foreigners Act and Its Legacy
The Foreigners Act, 1946 remains the bedrock of India’s immigration control. It vests the executive with sweeping powers to detect, detain and deport any foreigner without much judicial oversight. The burden of proof lies on the foreigner to prove their legal status—a reversal of the usual norm of ‘innocent until proven guilty’. This Act was shaped by colonial anxieties and wartime threats. Its endurance today highlights India’s cautious approach to immigration control.
Work and Study: The Lawful Paths
India attracts thousands of students every year, especially from South Asia and Africa. The student visa framework is relatively straightforward: an admission letter, proof of means, and compliance with registration rules. Foreign universities setting up campuses in India, as encouraged under the new National Education Policy, will likely increase this inflow.
On the employment front, India issues work visas mainly to highly skilled professionals. Rules require minimum salary thresholds (currently around $25,000 per annum for most categories), pushing out low-wage migrant workers from formal channels. In practice, this means foreign employees are mostly managers, specialists, consultants and teachers. Blue-collar migration, especially from neighbouring countries, often falls into informal or irregular channels.
Refugees: A Silent Policy
One of the striking gaps in India’s immigration landscape is a formal refugee law. India is not a signatory to the 1951 UN Refugee Convention or its 1967 Protocol. Yet, it hosts over 200,000 refugees from Tibet, Sri Lanka, Myanmar, Afghanistan and more. Their status depends on ad hoc executive policies and bilateral arrangements. The Tibetan refugee community, for example, enjoys a settled if legally ambiguous status under special government orders. For others, protection comes through the UNHCR’s mandate and cooperation with the Indian government.
This discretionary approach means that refugee protection is vulnerable to shifting political winds. The Citizenship (Amendment) Act, 2019 brought this tension into sharp relief by proposing a religion-based fast track to citizenship for certain communities fleeing persecution, while excluding others. The Supreme Court continues to hear challenges on its constitutional validity.
Border Management and Irregular Migration
India’s vast and often porous borders pose a unique challenge. Bangladesh alone shares a 4,096 km border with India. Cross-border migration—seasonal, economic or driven by climate stress—has historically been common. The Assam Accord of 1985, signed to address local anxieties over ‘illegal immigrants’, led to the creation of the National Register of Citizens (NRC) in Assam. This was the only state with an NRC until calls for a nationwide version emerged.
Irregular migrants detected without valid documents can face detention and deportation, but practical difficulties abound. Deportations need diplomatic arrangements. Many migrants become stateless in practice—stuck between deportation orders and non-acceptance by their country of origin.
Recent Developments and Challenges
The push towards digital governance has reached immigration too. The Foreigners Regional Registration Offices (FRROs) now allow many processes—registration, visa extension, exit permits—through online portals. Yet, the system remains notorious for paperwork, inconsistent implementation and delays.
Another development is the increasing securitisation of immigration. Concerns over terrorism, human trafficking and drug trade often shape policy. The result is an approach where security agencies wield significant discretion over who can come in, stay, or must leave. This sometimes creates tension with the need to attract foreign investment, tourism and academic exchange.
Citizenship vs Immigration: The Confusion
Public debates often conflate immigration with citizenship. But they are distinct legal ideas. Immigration governs entry and stay; citizenship grants membership and rights. One may lawfully immigrate, stay for decades and still not be eligible for citizenship—India has historically been conservative in granting naturalisation to non-ethnic Indians. This tight link between ancestry and nationality remains a defining feature.
Where Do We Go From Here?
India’s immigration landscape is poised at a crossroads. Economic growth demands global talent and collaboration. Universities want to draw international faculty and students. Tech companies want seamless movement of skilled professionals. At the same time, domestic politics around demographic anxiety, cultural identity and border security resist easy liberalisation.
Many experts argue India needs a modern, unified immigration code. A clear refugee law, consistent long-term visas for foreign professionals, and humane procedures for irregular migrants are pressing demands. Digital governance can ease compliance, but only clarity and consistency can reduce the bureaucratic maze that often greets foreigners at India’s doorstep.
A Nation Still in Motion
In the end, immigration is more than paperwork—it is about people. Workers who build roads and houses. Students who become envoys for India abroad. Refugees who find new hope. The borders may define where India begins, but how it treats those who cross them says much about where India wants to go. Between the lines of old laws and the files stacked in FRRO offices, the country’s next chapter on immigration still waits to be written.
Contributed By: Saksham Tongar (intern)